Ex-undersheriff sues Vigil over claims retaliatory termination

Doña Ana County Sheriff Enrique "Kiki" Vigil, right, and former Undersheriff Edward Lerma are pictured during a news conference in April, 2016. Lerma has recently filed a lawsuit against Vigil regarding his termination(Photo11: Polo Orta / For the Sun-News)Buy Photo

LAS CRUCES – Former Doña Ana County Undersheriff Edward Lerma has filed a lawsuit against Sheriff Enrique “Kiki” Vigil, alleging he was fired last year in retaliation for opposing what he described as “unlawful” and “improper” actions by the sheriff, including his takeover of the county jail in 2016.

Lerma filed the whistle-blower lawsuit on Tuesday in 3rd Judicial District Court in Las Cruces, almost a year after he abruptly left the sheriff’s office for reasons that were unknown at the time.

According to the lawsuit, Lerma had refused efforts by Vigil to resign and was subsequently “unappointed” as undersheriff in July 2016 – a position Lerma had most recently held since January 2015, when Vigil took office. Lerma alleges that he was terminated in retaliation for reporting and opposing “several unlawful or improper acts” by Vigil.

“He was wronged by the sheriff and is seeking to remedy the injustice as allowed by the Whistleblower Protection Act.”

Las Cruces attorney Joleen Youngers

“Eddie Lerma has been a longterm member of local law enforcement and an esteemed public servant,” Las Cruces attorney Joleen Youngers said Wednesday in a statement. “He was wronged by the sheriff and is seeking to remedy the injustice as allowed by the Whistleblower Protection Act.”

But the charges against Barela were dismissed within months, and a judge later ruled that Vigil did not have the authority to operate the jail – which is controlled by the County Commission and county manager.

Lerma had urged Vigil to go before the County Commission before taking any steps to take over the jail, according to his lawsuit. But, “Sheriff Vigil did not follow Lerma’s advice,” it states.

Lerma was out of town when Vigil assumed temporary control of the jail – a move that prompted a legal battle with then-County Manager Julia Brown.

Vigil also proposed personnel actions that Lerma viewed as improper and potentially legal, according to the lawsuit.

Lerma alleges that Vigil sought to fire three DASO employees who had filed complaints with the county's Human Resources Department, as well as other employees who were outspoken or critical of DASO’s administration, according to the lawsuit. Lerma also voiced concerns about DASO providing deputies as security for a fiesta in Tortugas, which he believed was a violation of the state’s ant-donation clause.

Forced retirement

The lawsuit says Vigil announced Lerma’s retirement while the undersheriff was out on leave in July 2016. Lerma insists that he had no intention of retiring, nor had he communicated any imminent plans to retire to Vigil or others at DASO.

When Lerma returned to work on July 11, the lawsuit says, he was given a memorandum written by Vigil, which announced the sheriff’s decision to appoint then-Detective Ken Roberts as undersheriff after having deemed that Lerma retired. The lawsuit says Roberts “had far less experience in law enforcement” than Lerma.

“I did not put in for any such retirement and I did not tell the sheriff twice that I was contemplating retirement.”

Former Doña Ana County Undersheriff Edward Lerma

In the memorandum, Vigil indicates that Lerma had advised him of plans to retire on two separate occasions. But Lerma disputes the sheriff’s claim.

That same day, Lerma advised the HR department that he was not retiring. Last year, the Sun-News obtained an email that Lerma had sent to an HR worker.

“I did not put in for any such retirement and I did not tell the sheriff twice that I was contemplating retirement,” Lerma’s email reads. “I told him that I thought I might have to retire if I had this particular eye diease (sic), but as it turns out, I didn’t have it. I am not going to sign my P-1 that I am retiring because that is simply not the truth.”

When Lerma told Vigil that he was not retiring, the lawsuit says, “the sheriff moved forward with his plan to terminate Lerma’s employment.” And that’s when Vigil “unappointed” Lerma as undersheriff, according to the lawsuit.

Lerma is seeking compensation for actual damages, in addition to back pay, front pay in lieu of reinstatement and compensation for special damages “in such sums as will be proven at trial,” the lawsuit says.

Lerma had been employed with the county since 2004, according to county payroll data. As undersheriff, he was paid an annual salary of about $80,800.

He served as undersheriff to four different county sheriffs — Jan Cary, Jim Robles, Todd Garrison and Vigil.

In July 2014, Brown had reassigned Lerma, after he filed a complaint against Garrison's chief of staff. Lerma 's complaint was later substantiated. Vigil, who was elected sheriff in November 2014, brought back Lerma as his undersheriff.